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Terms of Use of Shoney’s Sites and
End User License Agreement for Shoney’s Apps

Please read these Terms of Use of www.shoneys.com, www.shoneysfranchise.com,
www.shoneysinternational.com, www.shoneyscatering.com, www.shoneys5k.com and any other site (collectively, the “Sites”) operated by Best American Hospitality Corp. on behalf of Shoney’s North America, LLC (collectively, “Shoney’s) carefully before using the Sites. These Terms of Use may be modified at any time and are effective immediately upon posting to the Sites. By using the Sites, you agree to the then-current terms of use. If you do not agree with any of the terms of use, do not use the Sites.

 

These Terms of Use also contain an End User License Agreement that covers your use of all software published by Shoney’s, for use on mobile devices, tablets, personal computers and other devices, as well as all related elements including, but not limited to updates and upgrades, manuals, online materials, files and documentation of any kind (collectively, the “Apps”). Be sure to read the following before using the Apps. By installing, accessing and using the Apps, you are hereby agreeing to be legally bound by these provisions. If you do not agree to the following, do not download or use the Apps and remove all copies from your devices.

 

1. Trademark Information. Shoney’s, Shoney’s logo, Shoney’s Pole Sign logo (rectangular sign with four concave-cut corners), Shoney’s On The Go, Shoney’s On the Go logo, Shoney Bear, Shoney Bear Logo, Awww That’s Good, Shoney’s Catering logo, Let’s Eat, Slim Jim, All American Burger and other marks designated by Shoney’s North America, LLC with ®, TM, or SM are federally registered, or are properly claimed or filed in specific States, and are trademarks and service marks of Shoney’s North America, LLC. All other trademarks which may appear in the Sites or in the Apps are the property of the respective trademark owners. Unauthorized use of any of these registered marks, logos, pictures, designs, names, or phrases is prohibited by law.

 

2. End User License and Restrictions on Use of the Apps and the Sites. Shoney’s grants you a personal, non-exclusive, non-assignable and non-transferable license, without the right of sublicense, to use and display, for noncommercial and personal use only, the Apps, which you may download on to any single computer and any associated smartphones, tablets and other related devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacturer, “app store” provider or platform operator (e.g. Apple, Google, Microsoft, Amazon, Barnes & Noble). The rights granted hereunder are subject to your compliance with the terms and conditions of this Agreement. Shoney’s retains all rights not expressly granted hereunder.

 

You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, commercially exploit, circulate, or in any way transfer or assign the Apps or any part thereof (including, without limitation, building databases of content contained in the Apps), to any third party (including, without limitation, the display and distribution of the Apps via a third party website) without the express prior written consent of Shoney’s. You further agree that you will not disassemble, decompile, reverse engineer, create derivative works from or otherwise modify the Apps, except to the extent permitted by applicable law. You may not rent, lease, sell or sublicense the Apps. You may not copy the Apps other than as specified herein. You may not make the Apps available over a network which allows multiple users or devices to access the Apps at once. You may not remove any proprietary notices or labels on the Apps. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

Material from the Sites may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Shoney’s. However, visitors may print or download one copy of material on our Sites on one computer for personal, non-commercial, home or educational use, if the material is provided on the Sites for the purpose of printing or downloading for such use, such as Menus or the Coloring Book. If you print or download our information, you may not delete or change any copyright, trademark, or other notices. You may not distribute the printed or downloaded material. If you modify or use our materials for any other purpose, you will violate the intellectual property rights owned by Shoney’s. Printed or downloaded information from the Sites, including any software, text files, audio files, and images contained in or generated by the Sites, and all the accompanying data, is licensed to you by Shoney’s non-exclusively without the right to sublicense for the limited purposes described herein and subject to the restrictions on use described herein; however, full title and all intellectual property rights remain at all times in Shoney’s. Prior written consent must be obtained for any commercial use or any use involving further publication or distribution of information provided on the Sites. Any evidence of possible use of the Sites for inappropriate or unlawful purposes will be provided to law enforcement authorities.

 

Materials on the Sites and in the Apps are made available to the public to provide information about Shoney’s and its affiliated and related companies, and its business operations. Best American Hospitality Corp. manages the Sites and the Apps from its office at 1717 Elm Hill Pike, Suite B-1, Nashville, Tennessee, United States of America. We make no representation that these materials are appropriate or available for use in other locations. If you access the Sites or the Apps from locations outside Nashville, you are responsible for compliance with applicable United States and local laws, and you represent and warrant that you are a lawful user of the Sites and/or the Apps.

 

We may discontinue or alter the Sites or the Apps at any time. The material on the Sites and the Apps is provided to our visitors for lawful informational purposes only. Shoney’s intends the Sites’ and Apps’ information to be correct, but it may include factual or typographical errors, and omissions. The Sites and the Apps contain links to external sites. Shoney’s is not liable for the content of linked external sites.

 

3. User Generated Content. The Sites and the Apps may allow you to create user-generated content, including but not limited to posts, photographs, images, screenshots, user generated artwork, or other material (the “Posts”). In exchange for use of the Sites and the Apps, you hereby grant Shoney’s a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your Posts including but not limited to the rights to reproduce, distribute, adapt, modify, create derivative works from, perform, display, publish, broadcast, transmit, or otherwise communicate to the public in all media now known or hereafter devised, for any purpose, without any further notice or compensation to you. You hereby waive and relinquish any claim based upon “moral rights,” “rights to privacy” and/or “rights to publicity” (as those terms are commonly understood) or any rights of attribution or integrity in connection with Posts submitted to us hereunder. This license grant, and the above waiver of any applicable moral, privacy or publicity rights, survives any termination of the End User License.

 

Posts do not necessarily reflect the views of Shoney’s. In no event shall Shoney’s assume or have any responsibility or liability for any Posts or for any claims, damages or losses resulting from their use and/or appearance on the Sites or the Apps or the views or opinions expressed by third parties. You hereby represent and warrant that you have all necessary rights in and to all Posts you provide and all information they contain and that such Posts shall not infringe any proprietary or other rights of third parties or contain any defamatory, tortious, or otherwise unlawful information. Shoney’s reserves the right to refuse to post, edit, or delete Posts that violate its rules, as well as revoke the privileges of users who do not comply with such rules.

Shoney’s does not allow Posts which contain:

  • private or personal information which might identify an individual;
  • profanity or obscenities;
  • personal attacks on other individuals;
  • defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Shoney’s deems in its sole discretion to be inappropriate for this Site; and
  • information intended to promote and/or generate revenue for any third party business activity.

 

Shoney’s may remove Posts from its galleries, chatrooms and/or message boards periodically in its sole and absolute discretion.

 

4. Warranty Disclaimer and Limitation of Liability. THE CONTENT, INFORMATION AND MATERIALS IN THE SITES AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHONEY’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEPENDING UPON APPLICABLE LAW, THE ABOVE DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

 

Shoney’s does not warrant that any information is accurate or that any functions contained in the Sites and Apps will operate without interruption or will be error free. Shoney’s does not warrant that defects will be corrected, or that the Sites, the Apps or the servers that make the Sites and Apps available are free of viruses or other harmful or erroneous software or data. Shoney’s is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Sites or the Apps. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of the Sites and the Apps rests with you. You, not us, assume the entire cost of all necessary service or repair arising from or related to your use of the Sites or the Apps.

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHONEY’S, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITES AND THE APPS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE OR IN THE APPS WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SHONEY’S OR ANY THIRD PARTY. INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES OR THE APPS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SHONEY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE APPS.

 

Notwithstanding the foregoing, in no event shall Shoney’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise, other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you, if any, for accessing and using the Sites and the Apps. In all cases, the total liability of Shoney’s to you for all losses, damages, and all causes of action will not exceed the amount you paid to access the Sites or the Apps. Depending upon applicable law, the above limitation or exclusion for incidental or consequential damages may not apply to you.

 

5. Indemnification. You agree to indemnify, defend and hold harmless, Shoney’s, its parents, subsidiaries and its affiliates, and their respective officers, directors, members, managers, employees, agents, licensors, licensees and representatives from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use and End User License Agreement. Shoney’s reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Shoney’s in asserting any available defenses.

 

6. Registration. You may create an account (also called a login) while using the Sites and the Apps by providing personal information, including an email address and password, to use certain features of the Sites or the Apps. If you create an account, you agree to provide true and accurate information during the registration process and update it to maintain its accuracy. You may not impersonate another person or submit false information regarding your identity. You assume full and complete responsibility for the confidentiality and security of your account name and password. If you believe that the confidentiality and security of your account has been compromised, you are responsible to contact us at privacy@shoneys.com or by phone at (877) 377-2233. You agree to defend, indemnify and hold Shoney’s harmless from and against any and all damages and losses incurred by Shoney’s or any third party due to your failure to maintain the confidentiality and security of your account name and password and/or your breach of these terms of use. Shoney’s reserves the right to terminate any user account at any time, without prior notice given, based on a breach or suspected breach of these terms of use.

 

7. Privacy Policy. Your privacy is important to us. Your use of the Sites and the Apps is subject to the Shoney’s Privacy Policy, which describes Shoney’s information collection, storage and sharing practices. By using the Sites and installing the Apps, you consent to the Privacy Policy. Shoney’s Privacy Policy is incorporated herein by this reference and is located at www.shoneys.com/privacy-policy.

 

8. Digital Millennium Copyright Act Notice. If you believe that any material on the Sites or the Apps infringes on your copyright (including any posts), you may file a notice of infringement with Shoney’s to request removal of the allegedly infringing material by providing a signed notice including the following information:

 

Descriptions of the copyrighted work you believe has been infringed upon and the material you believe to be infringing, both in sufficient detail for us to locate the material;
Your name, address, email address and telephone number; and
Statements that: (i) You have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law; (ii) The information in the notice is accurate; and (iii) Under penalty of perjury that you are the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Send the notice to Shoney’s Legal Department, 1717 Elm Hill Pike, Suite B-1, Nashville, Tennessee 37210 or to dmca@shoneys.com.

 

9. Communications to Us. You are free not to communicate with us, therefore, all Posts, content or other information communicated to Shoney’s through the Sites and Apps are voluntary and immediately upon submission to us, they will become forever our exclusive property. Shoney’s cannot, and will not treat any communications or submissions as confidential. Shoney’s will not be liable for use of any business or product ideas submitted by visitors to the Sites and the Apps, and we cannot be liable for any similarities to those ideas that may appear at any time in Shoney’s® restaurant operations. Shoney’s will exclusively own all present and future rights everywhere to all submissions by visitors to the Sites and users of the Apps. We are entitled to use any submission for any purpose at any time, without compensation to the person who submitted it, or to any other person. By visiting the Sites and the Apps and communicating with us, you acknowledge that you are responsible for all material you submit, and you have full responsibility for the meaning and content of your message, including its appropriateness, legality, originality, and copyright.
10. Contests, Sweepstakes, and Other Activities. Shoney’s provides rules and/or guidelines (“Official Rules”) for certain activities associated with the Sites and the Apps including, without limitation, contests, sweepstakes and giveaways by Shoney’s and in conjunction with third parties. This Agreement is incorporated by reference to the specific Official Rules which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Use and End User License Agreement and specific Official Rules, the Official Rules for the activity in which you choose to participate shall govern.

 

11. In-App Purchases or Purchases from the Sites. The Sites and the Apps may permit you to make purchases from within the Sites or the Apps, either directly from Shoney’s or via a third party provider (e.g. the Apple App Store or Google Play) (each an “E-Commerce Service and collectively the “E-Commerce Services”). Additional terms may apply to your use and access of these E-Commerce Services, such as Paypal or the iTunes Terms of Use, and all such additional terms are incorporated herein by reference. Some of the E-Commerce Services utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Shoney’s does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider. Shoney’s does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Shoney’s and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.

 

12. Term; Termination. The term of the End User License Agreement for the Apps shall commence on the date that you install or otherwise use the Apps, and ends on the earlier date of either your removal of the Apps from your devices, or Shoney’s termination of this Agreement. Also, the license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must remove or destroy all copies of the Apps. The Terms of Use shall remain in effect so long as you are accessing the Sites. The provisions of sections 3, 4, 5, 9, 10, 11, 13 and 14 shall survive the termination of the End User License Agreement and Terms of Use.

 

13. Jurisdiction and Governing Law. These terms of use are governed by and should be interpreted pursuant to the laws of the State of Tennessee, United States of America, regardless of principles of conflicts of law. Any legal proceeding of any nature brought by either party against the other party to enforce any right or obligation under this Agreement shall be submitted for trial before any court of competent jurisdiction in Davidson County, State of Tennessee. Each of the parties hereto (i) irrevocably consents to personal jurisdiction by any such court and (ii) submits to the venue and jurisdiction of any such court and agrees to accept service of process outside the State of Tennessee in any matter to be submitted to any such court pursuant hereto. Each Party irrevocably consents to the exercise of personal jurisdiction over each of the Parties by such courts and waives any right to plead, claim or allege that Davidson County, Tennessee is an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Apps or Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SHONEY’S AND ITS AFFILIATES.

 

14. Miscellaneous. If any part of these terms and conditions is unlawful or unenforceable, that part may be severed from the remainder, and the validity and enforceability of all remaining provisions will not be affected. Shoney’s products and services are available in many parts of the United States; however, the Sites or the Apps may sometimes describe products and services which are not available in all areas or in a particular location. These terms and conditions are the entire agreement between each visitor and Shoney’s relating to the use of the Sites. No waiver of any provision in these terms of use shall be considered a continuing waiver of such provision or any other provision.

 

Revised 08/06/2014